APHC010498082018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23405/2018 Between: 1. SMT. BOMMALI VIJAYALAKSHMI,, W/O. LATE SURYANARAYANA, R/ O. D.NO.15-2-82, SRI SAYANA STREET, ARASAVALLI (RURAL), SRIKAKULAM DISTRICT. 2. BOMMALI TULASI RAO,, S/O. LATE SURYANARAYANA, R/O. D.NO.15-2-82, SRI SAYANA STREET, ARASAVALLI (RURAL), SRIKAKULAM DISTRICT. 3. SMT. BOMMALI DHANALAKSHMI,, D/O. LATE SURYANARAYANA, R/O. D.NO.15-2-82, SRI SAYANA STREET, ARASAVALLI (RURAL), SRIKAKULAM DISTRICT. 4. BOMMALI TARAKESWARA RAO,, S/O. LATE SURYANARAYANA, R/O. D.NO.15-2-82, SRI SAYANA STREET, ARASAVALLI (RURAL), SRIKAKULAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE ASSISTANT COMMISSIONER OF ENDOWMENTS, SRIKAKULAM, SRIKAKULAM DISTRICT. 3. THE EXECUTIVE OFFICER, SRI LAKSHMI VENKATESWARA SWAMV TEMPLE, ARASAVELLI, SRIKAKULAM DISTRICT. 2 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents herein as illegal and arbitrary in taking steps for conduct of public auction for the lands belonging to the Sri Lakshmi Venkateswara Swamy Temple, Arasavelli, Srikakulam District to which the petitioners are the lessees to the extent of lands to an extent of Ac.2.00 in Sy.No.47/2 and 9 cents in Sy.No.47/ 1 and 9 cents in Sy.No.49/3 of Arasavelli Village and even without any notice violating the provisions of the Endowments Act and direct the Respondents to continue the lease to the petitioners for the lands to an extent of Ac.2.00 in Sy.No.47/2 and 9 cents in Sy.No.47/1 and 9 cents in Sy.No.49/3 of Arasavelli Village, to call for records and pass IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to conduct public auction to the lands belonging to the Sri Lakshmi Venkateswara Swamy Temple, Arasavelli, Srikakulam District to which the petitioners are the lessees to the extent of lands to an extent of Ac.2.00 in Sy.No.47/2 and 9 cents in Sy.No.47/1 and 9 cents in Sy.No.49/3 of Arasavelli Village, pending disposal of the writ petition, and pass Counsel for the Petitioner(S): 1. R ANNAPURNA Counsel for the Respondent(S): 1. CHINTAPALLI SRINIVAS 2. GP FOR ENDOWMENTS (AP) The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.23405 OF 2018 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents herein as illegal and arbitrary in taking steps for conduct of public auction for the lands belonging to the Sri Lakshmi Venkateswara Swamy Temple, Arasavelli, Srikakulam District to which the petitioners are the lessees to the extent of lands to an extent of Ac.2.00 cents in Sy.No.47/2 and 9 cents in Sy.No.47/1 and 9 cents in Sy.No.49/3 of Arasavelli Village and even without any notice violating the provisions of the Endowments Act and direct the Respondents to continue the lease to the petitioners for the lands to an extent of Ac.2.00 in Sy.No.47/2 and 9 cents in Sy.No.47/1 and 9 cents in Sy.No.49/3 of Arasavelli Village to call for records and pass such other order or orders…’ 2. Heard learned counsel for the petitioners and learned Government Pleader for the respondents. 3. The case of the petitioners herein is that the petitioners are the land less poor persons and existing lease holders of the subject land since thirty years. While so, the respondents without issuing any notice and without considering the claim of the petitioners under Section 82(2) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (in short “Act.30 of 1987”) are proceeding with the public auction for granting lease in respect of the lease hold rights of the petitioners. Aggrieved by the same, the petitioners herein filed the present writ petition. 4 4. At the time of admission, after hearing the matter, this Court was pleased to pass an interim order dated 17.07.2018, which is extracted hereunder: “The proposed auction for the land admeasuring in Ac.2.00 in Sy.No.47/2 and 9 cents in Sy.No.47/1 and 9 cents in Sy.No.49/3 of Arasavelli Village, may go on , but the same shall not be finalized, subject to payment of arrears if any.” 5. Learned counsel for the petitioners further submits that the said interim order is still in existence and due to the interim orders, the petitioners have been continuing in possession and enjoyment of the subject property as lease holders. 6. On the other hand, learned Government Pleader for the respondents submits that there is no determination in favour of the petitioners as they fell in the category of land less poor persons. So far, the authorities not passed any orders under Section 82 of the Act 30 of 1987. He further submits that the claim of the petitioners would be considered and appropriate orders would be passed as per Section 82 of the Act 30 of 1987 by following due process of law as contemplated. 7. Heard the submissions made by the learned counsel for the petitioners and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the respondent Nos. 2 and 3 herein to consider the claim of the petitioners and to pass appropriate orders as per 5 Section 82 of the Act 30 of 1987, after providing opportunity of hearing to the petitioners, in accordance with law, within a period of eight (08) weeks from the date of receipt of a copy of this order. 8. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:21.01.2026 BSP 6 80 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.23405 OF 2018 Date:21.01.2026 BSP